Injunctions to Prevent and anticipated Breach of Trust

Beneficiaries may seek an injunction against a trustee to retrain the Trustee from committing a Breach of Trust or to compel the Trustee to perform the Trustee’s duty as Trustee {Dance v Goldingham (1873) LR 8 Ch App 902 at 911 per James LJ at, at 913 per Mellish LJ}.

Beneficiaries may seek an injunction to prevent a Director of a corporate Trustee from committing a breach of the Director’s statutory duties of honesty, reasonable care and diligence {Section 232 and Section 1324 of the Corporations Act 2001}.